No Fees for Overcharge Case

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant sued landlord to convert a DHCR fair market rent appeal determination into a money judgment for the amount of overcharge with interest, plus attorney's fees. The court ruled against tenant on the issue of attorney's fees. The court found that attorney's fees permitted in eviction cases under Real Property Law section 234 weren't applicable to DHCR proceedings and subsequent review by the courts. The rent overcharge also wasn't a consumer fraud under General Business Law Article 22-A.

Randy v. EGA Assocs.: Index No. 119081/95 (5/21/97) (Sup. Ct. NY; Lowe, J)